Examining Israel's Military Action in Gaza: Self-Defense, Legitimacy, and International Law Compliance

Abstract

Israel asserts that its military intervention in Gaza following the Hamas attack on October 7, 2023, was a justified act of self-defense in accordance with international law. The resulting consequences of Israel's offensive included the destruction of residential dwellings, public facilities, medical centers, educational institutions, places of worship, and other essential infrastructure. The casualties amounted to tens of thousands of civilians, predominantly women and children, with millions of Gazans being displaced. This study will examine at least two critical aspects: the legitimacy of Israel's right to self-defense against Hamas in Gaza and the compliance of Israel's military operations with humanitarian law. The research methodology employed in this study involves normative legal analysis, which entails an examination of various international legal provisions. This paper contends that, based on international law, Israel's actions cannot be construed as self-defense due to their failure to satisfy the criteria stipulated in the United Nations Charter. Additionally, Israel's military operations in Gaza are found to contravene the fundamental principles of International Humanitarian Law